Final: Rule of Law

The brief summary of the questions involved with this process has a lot to do with the law of copyrights and watermarked images. Also with, when and where it is ok to take and publish photographs. Its always good to know what to do when someone try's to steal your images and try to make them their own and also understand what legal actions one may be able to take when and if this were to happen; fines, by law or even by the courts. 

For background information I will be quoting some things from the book and they will be posted in the color White.

(Patent, Copyright & Trademark, Edition 11, NOLO, Author: Attorney Richard Stim.)

Actual damages for copyright infringement; A court may award a dollar amount in actual damages in a effort to approximate the real dollars a copyright owner lost as a result of the owners copyrighted work being copied by someone else without proper authorization. Author as owner of copyright; With two major exceptions, a person who first creates a work of expression is generally considered to be the author and by virtue of that status, the owner of the copyright in the work.Authorized used of copyrighted material; A person accused of infringing another's copyright may seek to prove as defense that the use was authorized, usually through a license or other transfer.Cease & desist letter; The opening in any copyright dispute is usually a cease and disist letter from the copy right owners attorney. This letter informs the alleged infringer of the validity and ownership of copyrighted work. Copyright; Consists of a bundle of rights held by the author or developer of an original work of authorship.Criminal copyright infringement; Can be treated as a federal crime under the Copyright Act. Freedom of speech & copyright protection; Prohibit speech that would infringe on somebody's copyright. For example, a court can issue an injunction to prevent the publication of material that would damage a copyright owner by infringing on a copyright. Independent creation; When an author independently creates a work, it is then considered original, even though it may be highly simular to another work created by someone else. Infringement action; A lawsuit brought against someone who uses a copyrighted expression without any permission. Innocent infringement of copyright; Copyright infringement can sometimes be accidental. An author may honestly believe based on circumstances, that a work is not protected under copyright. This is especially true if the copyright owner has failed to place a copyright notice on their work. Licensing of copyrights; A method by which the owner of a copyright gives permission for another to use or copy an original work of authorship. Notice of copyright; For any work published in the United States prior to March 1, 1989, a copyright notice is required to preserve the copyright in the work. For example: ©. Performing a work; The exclusive right to perform a work is one of the bundle of rights that make up a copyright. Performing a copyrighted work without obtaining permission from the copyright owner constitutes to a infringement of copyright. Permission; Many kinds of media publications use words, music, and imagery that are protected by copyright laws. Copyright protection extends to any original work regardless of who created it and permission is required for reproduction, display, or distribution of the work created. The main reason for acquiring permission is to avoid a lawsuit. The copyright owner controls the use of the work, and any person who uses it without proper permission could be sued for financial damages. Photocopies & copyright law; In situations where photocopying is discovered by a copyright owner and it appears that sales of the item being copied may be adversely affected, therefore a copyright lawsuit may be the result. Photography; Photographic images are protectable under copyright law whether in print or in digital format. The photographer is considered the author and original owner of copyrighted images. Public domain-copyright context; Any work that is not protected under copyright law is said to fall under the public domain. This means that anyone can use the work without obtaining any permission from the author. Registration; Registration is not required to obtain copyright. The author acquires the copyright automatically once the work is fixed. Work made for hire; Concept is that the copyright of a work made for hire belongs either to the party who commissioned it or the employer (depending on the situation), not the party who created it. It is the kind of work the employee is paid to perform, it is prepared substantially within work hours at the workplace, and it is prepared, at least in part, to serve the employer.